[HISTORY: Adopted by the Borough Council
of the Borough of Tarentum as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Joint Zoning and Code Enforcement Officer — See Ch. 35, Art. I.
Planning Commission — See Ch. 50.
Building construction — See Ch. 95.
Uniform construction code — See Ch. 99.
Electrical standards — See Ch. 111.
Energy conservation — See Ch. 115.
Fire prevention — See Ch. 127.
Mechanical standards — See Ch. 155.
Mobile homes — See Ch. 159.
Outdoor storage — See Ch. 175.
Plumbing — See Ch. 185.
Solid waste — See Ch. 210.
Water — See Ch. 256.
[Adopted 9-6-2016 by Ord.
No. 16-02]
A certain document, three copies of which are on file in the Office of the Borough of Tarentum, being marked and designated as the International Property Maintenance Code, 2015 edition and all subsequent editions, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Tarentum in the Commonwealth of Pennsylvania for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and providing for the condemnation of building and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the Office of the Borough of Tarentum are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 190-2 of this chapter.
The following sections are hereby revised and added:
A.
Section 101.1. Insert "Borough of Tarentum" in place of "(name of
jurisdiction)."
B.
Section 103.5. Adopted from time-to-time by resolution.
C.
Section 112.4. Insert: "$100" and "$600."
D.
Section 302.4. Insert: "six inches."
E.
Section 304.14. Insert: "March 1" and "December 15."
F.
Section 602.3. Insert: . . . "shall supply heat year round" to maintain
a temperature. . .
G.
Section 602.4. Insert: occupiable workspaces from "November 1" to
"April 1."
H.
Chapter 9 is added:
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Chapter 9 - Penalties
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Any person violating this chapter shall be subject to a fine
of no more than $600 and no less than $100 and imprisonment of no
more than 30 days and court costs.
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Each day of violation shall be subject to fines and penalties,
consecutively; for each day shall constitute a separate offense.
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As an additional remedy, and not in limitation of any other
remedy available to the Borough, the Ordinance Enforcement Officer
may issue a clean-up ticket to an owner or occupant of property being
maintained in violation of this article, as follows:
A.
For owners or occupants who are, at the time of violation, already
in noncompliance with a notice to maintain previously issued pursuant
to this section, a clean-up ticket may be issued immediately upon
observation of violation by the Ordinance Enforcement Officer.
B.
For all other owners or occupants, a clean-up ticket may be issued
only when the owner or occupant has failed for a period of at least
five days to comply with a notice issued pursuant to this section.
C.
The clean-up ticket may be mailed or handed to the owner or occupant
of the premises, or may be posted upon the premises upon which the
violation occurred, by the Ordinance Enforcement Officer, who shall
keep a record of the issuance of the clean-up ticket. The clean-up
ticket will specify the amount that must be paid to the Borough and
the deadline for payment in order to avoid the issuance of a citation.
If the owner or occupant to whom the ticket has been issued fails
to pay the amount specified within the specified deadline, or indicates
a desire to plead not guilty and the Ordinance Enforcement Officer
desires to proceed with the case, then the Ordinance Enforcement Officer
may file a citation with the proper authority. If the defendant pays
the amount specified on the clean-up ticket and comes into compliance
with the ordinance as directed on the clean-up ticket, the case will
be concluded without filing a citation or other institution of a criminal
proceeding.
D.
The Ordinance Enforcement Officer is directed to prepare a standard
form clean-up ticket to be used in accordance with this article.
[Adopted 7-7-2018 by Ord.
No. 18-03]
This article shall be known and cited as the "Vacant Property
Ordinance."
This article shall be applicable to all abandoned real property
and every vacant building or structure located within the geographical
confines of the Tarentum Borough, Allegheny County, Pennsylvania,
that has been vacant for more than 30 consecutive days and to each
owner, interest holder, or local agent of any such abandoned real
property or vacant building or structure, without regard to whether
such owner, interest holder, or local agent is a public, private,
governmental, commercial, industrial, residential, institutional,
nonprofit, or for-profit person.
A.
The purpose of this article requiring the registration of all vacant
and abandoned buildings and structures and the payment of registration
fees is to assist the Borough of Tarentum in protecting the public
health, safety and welfare, to monitor the number of vacant buildings
in the Borough, to assess the effects of the condition of those buildings
on nearby businesses and properties in the neighborhoods in which
they are located particularly in light of fire and safety hazards
and unlawful, temporary occupancy by transients, including illicit
drug users and traffickers, and to require of the owners of such vacant
buildings their registration and payment of related fees, and to promote
substantial efforts to rehabilitate such vacant buildings. The provisions
of this section are applicable to the owners of such vacant buildings
as set forth herein and are in addition to and not in lieu of any
and all other applicable provisions of the ordinances of Tarentum
Borough and all relevant codes and/or regulations adopted therein.
B.
Administration and enforcement of this article shall remain under
the sole control of the Borough Manager. The Borough Manager and/or
designee shall have the authority to institute summary criminal proceedings
as a means of enforcement of this section and shall, when acting within
the scope of employment hereunder, have the powers of a police officer
to the Borough; provided however, that under no circumstances shall
they have the power to arrest.
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meaning they
have in common usage and to give this article its most reasonable
application. Where terms are not defined, such terms shall have ordinarily
accepted meanings such as the context implies.
Deserted or discarded for more than 180 days.
Any real property, including but not limited to one or more
buildings or structures, without respect to occupancy or vacancy,
that is subject to a mortgage and is either: (i) in default of a mortgage
for which a mortgagee has obtained a judgment in foreclosure; (ii)
in default of a mortgage and subject to an application or proceeds
for a tax deed or pending tax claim bureau or tax assessor sale for
unpaid property taxes; (iii) in default of a mortgage and subject
to an application or proceedings for a sheriff sale for unpaid claims,
debts, or obligations; or (iv) in default of a mortgage and has been
transferred to a mortgagee by deed in lieu of foreclosure, or any
similar document. The designation of real property as "abandoned real
property" shall continue and remain in place until such time as the
real property is sold or transferred to a new owner, the foreclosure
action is dismissed, or any default on the mortgage has been cured.
A room typically used for storage that is located in the
basement of a building and is not used for commercial, industrial,
or residential purposes.
A building that is used, or partially used, for commercial
business activities including, but not limited to, stores, offices,
schools, churches, gymnasiums, libraries, museums, hospitals, clinics,
warehouses, and jails.
Any business that relates to the exchange of goods or services.
Cast aside as useless or undesirable.
The animal or vegetable waste resulting from the handling,
preparation, cooking and the consumption of food.
Includes contracts with realtors, newspaper ads, window signs,
or other methods provided that the effort is actually likely to generate
interest in the property and the owner is actually willing to rent,
sell or lease.
Any occupied floor of a building with direct access to grade,
that is located less than one story above, or less than one story
below grade, provided that no portion of a floor that constitutes
a cellar as defined in this article shall constitute a "ground floor."
Livable; with reference to this article, a structure with
a hard roof and sides that is equipped with heat, electricity, water
service, sewage service and functional plumbing, and is capable of
being lived in without undue risk to human health and safety.
Property or design for, or used by, companies or persons
for manufacturing, warehousing or assemblage of components.
Any business that relates to the production or manufacture
of goods.
Written notice of a violation, pursuant to first class mail,
to the last known address of the owner of the property in question.
Any building or structure where one or more persons actually
conducts a lawful business or resides in all or any part of the building
as the licensed business occupant, or as the legal or equitable owner/occupant(s)
or tenant(s) on a permanent, nontransient business, or any combination
of the same.
Any person (i) having a legal or equitable interest in a
property; (ii) having a legal interest in a property recorded in the
official records of the state, county or municipality as holding title
to the property; or (iii) otherwise having control of the property
including the guardian of the estate of any such person, and the executor
or administrator of the estate of such person if ordered to take possession
of real property by a court.
An individual, corporation, partnership, financial institution,
bank, credit union, savings and loan company, investment firm, government
agency, government authority, municipal corporation or any other group
acting as a unit.
Any portion of unimproved or improved real estate located
within the Tarentum Borough which includes the buildings or structures
located on it regardless of condition.
Any building, structure, or property, which, because of physical
condition, use or occupancy, is considered to be an attractive nuisance
to minors or uninvited persons.
Any building or structure which because it is dilapidated, unsanitary,
unsafe, insect- or vermin-infested or lacking in the facilities and
equipment required by the Ordinances of Tarentum Borough and has been
designated by the City as a public nuisance.
Any structure which is a fire hazard, a structural hazard, or
is otherwise dangerous to the safety of any persons or any property.
Any building or structure, which lacks, or has rendered inoperable,
fire protection systems as required by the applicable codes and ordinances.
Any structure, from which water, plumbing, heating, sewage or
other facilities have been disconnected, destroyed, removed or rendered
ineffective, so that the property creates a hazard to neighboring
properties.
Any building or structure, which, for reason of neglect or lack
of maintenance has become a place for the accumulation of refuse,
a haven for insects, rodents, and other vermin.
Any building or structure which as a result of its dilapidated,
unsanitary, unsafe, insect- or vermin-infested condition creates damage
or a risk of damage to a neighboring property.
Materials that are abandoned, discarded, or destined for
recycling. The term includes rubbish, garbage, scrap metal, tires,
appliances, vehicles, general trash, construction/demo debris, etc.
Combustible and noncombustible waste materials, except garbage.
The term shall include the residue from the burning of wood, coal
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust, construction/demo
debris and other similar materials.
Any facade located on the ground floor of a commercial building
having one or more storefront windows.
Any window of any commercial building that permits an unobstructed
public view into the interior of the building from any immediately
adjacent street, sidewalk or right-of-way.
Constructed objects. For purposes of this article, the term
includes but is not limited to, buildings, sheds, garages, swimming
pools and recreational facilities.
A building or structure, or portion thereof, shall be deemed
to be vacant if no person or persons currently conducts a lawfully
licensed business there, or lawfully resides in or lives in any part
of the building as the legal or equitable owner(s) or tenant occupant(s)
or owner-occupants or tenant(s), on a permanent nontransient basis.
A property or structure, or portion thereof, that is unoccupied
for more than 60 days or has been the subject of (i) a mortgage foreclosure
action or notice; (ii) a bankruptcy sale or notice; (iii) a delinquent
tax sale or notice; or (iv) a mortgage foreclosure action where the
title to the property has been retained by the beneficiary of a deed
or trust involved in the foreclosure or transferred under a deed in
lieu of foreclosure/sale.
A storefront shall be deemed vacant if no person or persons
currently conducts a lawfully licensed business there.
An opening in a building that has a glass casement for permitting
natural light into a building.
A visual representation of information or graphics for viewing
by the public in a window.
A sign that is painted on, applied, attached to a window,
or that is located within the interior of a structure and that is
plainly visible and is erected, constructed or maintained for the
primary purpose of being viewed from the exterior of that structure.
A.
An owner shall register a vacant property with Tarentum Borough on
a form or forms provided by the Borough and pay the appropriate registration
fee.
B.
Registration shall contain (i) the name of the owner(s) of the property;
(ii) the direct street/office mailing address of the owner(s) (no
post office box addresses are allowed); (iii) a direct contact name
and phone number for the owner(s); (iv) the local property management
company responsible for the security, maintenance and marketing of
the property; (v) the date of vacancy; and (vi) any other information
deemed necessary by Tarentum Borough.
C.
Registration fees shall not be prorated.
D.
Properties subject to registration under this article shall remain
under the registration fee requirement for as long as they remain
vacant.
E.
Each vacant building or structure shall be registered with the Borough
within 30 days of the date such building or structure becomes a vacant
building or structure, and annually thereafter by July 15, for each
subsequent calendar year, if such building or structure continues
to be a vacant building or structure during each subsequent calendar
year, until such time as such building or structure ceases to be a
vacant building or structure.
The registration fee shall be established by the Council of Tarentum Borough. Subsequent modifications to the fee structure shall be established by resolution of Council. The fee structure is based on the number of years the building, storefront, or portion thereof, has been vacant under its current ownership. See § 190-24 for the initial registration fee schedule.
A waiver may be granted for the current year if either:
If the status of the registration information changes during
the course of any calendar year, it is the responsibility of the new
owner, their representative, or agent for the same to notify Tarentum
Borough in writing within 30 days of the occurrence of such change.
A.
Each owner or interest holder of abandoned real property or any vacant
building or structure not providing a residence, office or business
location with an address within 40 miles from the corporate boundaries
of the Borough of Tarentum, shall designate a local agent and shall
provide the complete name, address, telephone number and email address
of such local agent on the registration form filed with the Borough.
B.
Such owner or interest holder shall also provide a statement signed
by the local agent whereby the local agent accepts the designation
as local agent of such owner or interest holder, which signed statement
shall be an acknowledgment of the local agent of the requirements,
responsibilities, and obligation under this article.
C.
With such designation, a local agent shall be authorized by such
owner or interest holder to accept service of process, notices, statements,
invoices, and other communications resulting from or related to this
article on behalf of such owner or interest holder. With such designation,
a local agent shall be responsible for providing Tarentum Borough
with access to the abandoned property or vacant building or structure
for the purposes of making inspections, maintaining and securing the
abandoned property or vacant building structure, and responding to
any emergency associated with the abandoned property or vacant building
or structure affecting the public health, safety or welfare.
D.
Each owner and interest holder and each respective local agent shall
be jointly and severally responsible for compliance with ordinances
of the Borough and the laws of the Commonwealth of Pennsylvania as
applied to the abandoned property or vacant building or structure.
An inspection must be completed within 30 days of the initial
registration. In addition, an annual inspection of a registered vacant
building shall be performed by Tarentum Borough to determine if it
complies with the minimum requirements of the applicable Property
Maintenance Code, Building Code and/or Fire Prevention Code. If violations
of these codes are identified, Tarentum Borough shall issue a notice
of violation per the requirements of all applicable codes and give
notice to the owner to comply with the codes with a time to cure.
If the violations are not corrected within the time given, the property
may be declared a public nuisance. These annual inspections must occur
within 60 days of the anniversary date of the initial registration
date. Inspection costs will be determined by the Tarentum Borough.
If the owner or their representative cannot be available at
the proposed time, said owner or representative shall provide no less
than twenty-four-hour written notice to Tarentum Borough. Upon failure
to give such written notice, or upon failure to gain entry, an administrative
fee of $100 will be assessed against the owner, or representative
of the owner. For each rescheduling beyond the second rescheduling,
an administrative fee of $150 shall be assessed in all cases. Failure
to pay administrative fees shall, at the discretion of Tarentum Borough,
constitute a violation of this or the applicable code including, but
not limited to, the Tarentum Borough Property Maintenance Code. Failure
of an owner, or his/her responsible agent, to appear for a scheduled
inspection shall be considered probable cause for obtaining a search
warrant to inspect the premises.
Nothing in this article shall preclude Tarentum Borough from
performing an inspection upon receipt of a complaint or violation
of the Ordinances of Tarentum Borough existing at the building or
structure. Said inspections shall be in accord with the applicable
codes and ordinances and regulations and policies established by Tarentum
Borough.
A.
Properties subject to registration under this article shall be kept
free of weeds, high grass, dry brush, dead vegetation, trash, garbage,
junk, debris, rubbish, building materials, any accumulation of newspapers,
circulars, flyers, notices (except those required by federal, state
or local law), discarded personal items including, but not limited
to, furniture, clothing, large and small appliances, printed material,
vehicle or vehicle parts, or any other items that give the appearance
that the property is abandoned or vacant; and
B.
The property shall be maintained free of graffiti, tagging or similar
markings.
(1)
Visible front, side and rear yards shall be landscaped and maintained.
Landscaping includes, but is not limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark,
or artificial turf sod. Landscaping does not include weeds, gravel,
broken concrete, asphalt, plastic sheeting, indoor-outdoor carpet
or any similar material unless approved by the City.
(2)
Pools and spas shall be kept in working order so the water remains
clear and free of larvae, pests, pollutant and debris, or drained
and kept dry. In either case, a property with a pool or spa must comply
with the minimum security fencing requirements of the Tarentum Borough
Property Maintenance Code.
(3)
Adherence to this article does not relieve any property owner of
any obligations set forth in any other Ordinance of Tarentum Borough,
including but not limited to, the Tarentum Borough Property Maintenance
Code.
(4)
A property owner required to register a property under this article
is hereby given 30 days to comply with these maintenance requirements.
A.
Properties subject to registration under this article shall be maintained
in a secure manner so as not to be accessible to unauthorized persons,
vermin, and any other pests.
B.
Secure manner includes, but is not limited to, the closure and locking
of windows, doors (walk-through, sliding and garage), gates, and any
other opening of such size that it may allow an uninvited person to
access the interior of the property and/or structure(s). In the case
of broken windows, securing means the reglazing or boarding of the
window.
C.
If the property has been condemned, the property shall be posted
with the name and twenty-four-hour contact phone number of the owner
and local property Management Company. The posting shall be no less
than eight inches by 11 inches and shall be of a font that is legible,
written in English, and shall contain along with the name, Tarentum
Borough Vacant Property Registration Number, a twenty-four-hour contact
number, and the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS
OR CONCERNS CALL . . .". The posting shall be placed on the interior
of the window facing the street to the front of the property, or,
if no such area exists, on an area of sufficient size to support the
posting in a location that is visible to the front of the property,
but not readily accessible to vandals. Exterior posting must be constructed
of, and printed with, weather resistant materials.
Responsibility for compliance with this section include any
person owning, leasing, maintaining, or otherwise in possession or
control of any vacant storefront located within Tarentum Borough,
or any owner of the property upon which the vacant storefront is located.
The vacant storefront of a commercial building located in Tarentum
Borough shall be maintained in good condition, kept neat, clean, secure,
free of graffiti, and lighted.
In order to improve the appearance of vacant storefronts and
improve overall security, any vacant storefront that is located within
Tarentum Borough shall, not more than 60 business days after the date
on which the ground floor premises first becomes vacant, contain a
window display, or other form of decorative screen, in each of the
storefront windows. A variety of window displays are acceptable provided
they have a professional appearance, achieve a desired coverage of
60% to 100%, and are not offensive to the general public. Tarentum
Borough shall approve all window displays.
Handwritten signs are not permitted. Professionally made window
signs and real estate signs are permitted provided they meet the requirements
of the Tarentum Borough Zoning Ordinances. Not more than three square
feet of informational signage such as real estate signs or contact
information may be placed in a vacant ground floor window. Larger
professional signs that function as the window display are permitted.
A.
Any person who violates, or permits the violation, of any provision
of this article shall, upon conviction in a summary proceeding, be
subject to a fine of $1,000, and costs of the prosecution for each
offense, or imprisonment not to exceed 30 days, or both fine and imprisonment.
B.
Any fines collected as a result of a violation of any provision of
this article shall be placed in the general fund of Tarentum Borough.
If any section, subsection, sentence, or clause of this article
is held, for any reason, to be invalid, such decision or decisions
shall not affect the validity of the remaining portions of this article.
The registration fee is set forth as follows:
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Vacant Property Registration Fee Schedule
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Less than one year
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$150
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1 year vacant
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$300
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2 years vacant
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$500
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3-4 years vacant
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$1,000
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5-9 years vacant
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$2,500
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10 years vacant
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$5,000
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